The Therapeutic Goods Administration (TGA) has commenced proceedings in the Federal Court of Australia against Better Leaf Pty Ltd (Better Leaf), Better Life Aussie Pty Ltd (Better Life), and their sole director Mr Jack Weisberg for the alleged unlawful advertising of medicinal cannabis in contravention of the Therapeutic Goods Act 1989 (Cth) (the Act).
This escalated action follows repeated warnings from the TGA to the companies and multiple infringement notices issued to Better Leaf and Mr Weisberg for alleged unlawful advertisements, which were not paid.
The TGA alleges that the companies unlawfully advertised medicinal cannabis on its website, social media pages, and physical pamphlets at its dispensary business.
The companies allegedly promoted the use of medicinal cannabis for the treatment of serious diseases, conditions and disorders. Such references are known as restricted representations or prohibited representations and are not allowed to be included in advertising for therapeutic goods unless an approval or permission is given by the TGA.
The advertisements are also alleged to have implied that medicinal cannabis has been approved or recommended on behalf of the TGA and included endorsements from current or former health practitioners.
The TGA also alleges that Mr Weisberg, in his capacity as the business manager or sole director of both companies, is personally liable for the alleged contraventions.
The TGA is seeking declarations and pecuniary penalties against Better Leaf, Better Life and Mr Weisberg.
